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Saudi Journal of Humanities and Social Sciences (SJHSS)
Volume-4 | Issue-03 | 213-217
Original Research Article
The Principle of the Judge's Consideration of the Parties in the Dispute over the Legal System of Indonesia
Pandu Dewanto, Teguh Prasetyo, Amin Purnawan
Published : March 31, 2019
DOI : 10.21276/sjhss.2019.4.3.7
Abstract
The principle of judges' consideration of the disputes between parties in Indonesia's legal system currently still does not reflect the values of justice. Justice for everyone is different. It is not surprising that in a judge's decision there will always be someone who declares justice; on the other hand declaring it unfair. Legal remedies are actually available to test the decision taken by a judge, whether he has applied the law and justice properly. The purpose of the study is: to analyze and find the principle of judges' consideration of the disputes of parties in the current Indonesian legal system. The research method used in this study is the constructivism paradigm, a type of normative legal research and empirical legal research. The method of sociological juridical approach. The source of research data consists of primary data sources and secondary data sources, primary and secondary data sources. Using descriptive qualitative analysis. The findings indicate that the principle of judges' consideration of the disputes of the parties in every civil decision in the court is still not based on the value of justice and balance for the parties and in fulfilling the losses is still burdensome to the losing party, there will be legal remedies.
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